Resolution Prescribing Measures to Protect Members Of The Judiciary From Baseless And Unfounded Administrative Complaints (A.M. No. 03-10-01-SC, November 3, 2003)

    The Resolution reads in part:   If upon an informal preliminary inquiry by the Office of the Court Administrator, an administrative complaint against any Justice of the Court of Appeals or Sandiganbayan or any Judge of the lower courts filed in connection with a case in court is shown to be clearly unfounded … Continue reading Resolution Prescribing Measures to Protect Members Of The Judiciary From Baseless And Unfounded Administrative Complaints (A.M. No. 03-10-01-SC, November 3, 2003)

Grant of Compulsory License to Identical Terms and Conditions

  Identical terms and conditions had been prescribed for the grant of compulsory license in a good number of patent cases (United Laboratories, Inc. vs. Boehringer Ingelhelm, GMBH, IPC 929, July 27, 1981; United Laboratories, Inc. vs. Bristol-Myers Company, IPC 1179, Aug. 20, 1981; United Laboratories, Inc. vs. E.R. Squibb & Sons, Inc., IPC 1349, … Continue reading Grant of Compulsory License to Identical Terms and Conditions

The 2.5% Royalty Fixed by the Director of Patents is Just and Reasonable

  The Court of Appeals found that the 2.5% royalty fixed by the Director of Patents 'is just and reasonable.' We quote its observations hereunder: Respondent-appellant contends further that the 2.5% royalty rate is unfair to respondent-appellant as to amount to an undue deprivation of its property right. We do not hold this view. The … Continue reading The 2.5% Royalty Fixed by the Director of Patents is Just and Reasonable

Director of Patents Can Fix the Terms and Conditions of the Compulsory License

Petitioner questioned the upholding the Director's unilateral determination of the terms and conditions of the compulsory license, without affording the parties an opportunity to negotiate the terms and conditions freely and by themselves.   The Supreme Court disagreed. The terms and conditions of the compulsory license were fixed by the Director of Patents after a … Continue reading Director of Patents Can Fix the Terms and Conditions of the Compulsory License

There is Forum Shopping in Filing Separate Actions before the IPO and the RTC

  Petitioner avers that respondents are guilty of forum shopping for having filed separate actions before the IPO and the RTC praying for the same relief. The Court agrees. Forum shopping is defined as the act of a party against whom an adverse judgment has been rendered in one forum, of seeking another (and possibly … Continue reading There is Forum Shopping in Filing Separate Actions before the IPO and the RTC

The Propriety of Extending the Life of the Writ of Preliminary Injunction Issued by the BLA-IPO

  The propriety of extending the life of the writ of preliminary injunction issued by the BLA-IPO in the exercise of its quasi-judicial power is no longer a matter that falls within the jurisdiction of the said administrative agency, particularly that of its Director General. The resolution of this issue which was raised before the … Continue reading The Propriety of Extending the Life of the Writ of Preliminary Injunction Issued by the BLA-IPO

Bureau of Legal Affairs of the Intellectual Property Office (BLA-IPO) Has Primary Jurisdiction for Patent Infringement

  Respondents' act of filing their complaint originally with the BLA-IPO is already in consonance with the doctrine of primary jurisdiction. This Court has held that: [i]n cases involving specialized disputes, the practice has been to refer the same to an administrative agency of special competence in observance of the doctrine of primary jurisdiction. The … Continue reading Bureau of Legal Affairs of the Intellectual Property Office (BLA-IPO) Has Primary Jurisdiction for Patent Infringement